Page:United States Statutes at Large Volume 109 Part 1.djvu/897

This page needs to be proofread.

PUBLIC LAW 104-88 —DEC. 29, 1995 109 STAT. 881 "(11) the transportation is to be provided entirely in the area in which the public recipient provides regularly scheduled mass transportation services. " (B) REGULAR-ROUTE TRANSPORTATION. — The Secretary shall register under subsection (a)(1) a public recipient of governmental assistance to provide regular-route transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier of passengers if the Secretary finds that the recipient meets the requirements of subsection (a)(1), unless the Secretary finds, on the basis of evidence presented by any person objecting to the registration, that the transportation to be provided pursuant to the registration is not in the public interest. " (C) TREATMENT OF CERTAIN PUBLIC RECIPIENTS.— Any public recipient of governmental assistance which is providing or seeking to provide transportation of passengers subject to jurisdiction under subchapter I of chapter 135 shall, for purposes of this part, be treated as a person which is providing or seeking to provide transportation of passengers subject to such jurisdiction. " (3) INTRASTATE TRANSPORTATION BY INTERSTATE CAR- RIERS. —^A motor carrier of passengers that is registered by the Secretary under subsection (a) is authorized to provide regular-route transportation entirely in one State as a motor carrier of passengers if such intrastate transportation is to be provided on a route over which the carrier provides interstate transportation of passengers. " (4) PREEMPTION OF STATE REGULATION REGARDING CERTAIN SERVICE.— No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard or other provision having the force and effect of law relating to the provision of pickup and delivery of express packages, newspapers, or mail in a commercial zone if the shipment has had or will have a prior or subsequent movement by bus in intrastate commerce and, if a city within the commercial zone, is served by a motor carrier of passengers providing regular-route transportation of passengers subject to jurisdiction under subchapter I of chapter 135. "(5) JURISDICTION OVER CERTAIN INTRASTATE TRANSPOR- TATION. —Subject to section 14501(a), any intrastate transportation authorized by this subsection shall be treated as transportation subject to jurisdiction under subchapter I of chapter 135 until such time as the carrier takes such action as is necessary to establish under the laws of such State rates, rules, and practices applicable to such transportation, but in no case later than the 30th day following the date on which the motor carrier of passengers first begins providing transportation entirely in one State under this paragraph. "(6) SPECIAL OPERATIONS.— Th is subsection shall not apply to any regular-route transportation of passengers provided entirely in one State which is in the nature of a special operation. "(7) SUSPENSION OR REVOCATION.—Intrastate transportation authorized under this subsection may be suspended or revoked by the Secretary under section 13905 of this title at any time. - 29:QL3Part1